The High Court has referred to an enlarged bench of the Court the Commissioner’s application for special leave to appeal against the decision of the Full Federal Court in Unit Trend Services Pty Ltd v FCT [2012] FCAFC 112. The appeal concerns the application of the GST anti-avoidance provisions in Div 165 of the GST Act. The case concerns the use of the margin scheme with respect to commercial and residential properties. The majority of the Full Federal Court found that in relation to the application of the GST anti-avoidance provisions, for all settlements up to and including 16 March 2005, Div 165 did not operate because it was excluded as the GST benefit on the end purchaser transactions was attributable to relevant choices made by the taxpayer.
[1, 3/1/13]